A 7174: Provides for monitoring of persons who are pedophiles and both level 3 sex offenders and sexual predators or predicate sex offenders with global positioning system; establishes that the period will be determined by court; provides for the right to appeal, right to modify or terminate order and right to counsel.

  
  STATE OF NEW YORK ________________________________________________________________________ 7174 2025-2026 Regular Sessions  IN ASSEMBLY March 21, 2025 ___________ Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to the Committee on Correction AN ACT to amend the correction law, in relation to tracking certain sex offenders with a global positioning system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 168-d of the correction law, as 2 amended by chapter 11 of the laws of 2002, is amended to read as 3 follows: 4 3. For sex offenders released on probation or discharged upon payment 5 of a fine, conditional discharge or unconditional discharge, it shall be 6 the duty of the court applying the guidelines established in subdivision 7 five of section one hundred sixty-eight-l of this article to determine 8 the level of notification pursuant to subdivision six of section one 9 hundred sixty-eight-l of this article [and]; whether such sex offender 10 shall be designated a sexual predator, sexually violent offender, or 11 predicate sex offender as defined in subdivision seven of section one 12 hundred sixty-eight-a of this article; and, if such sex offender has 13 been convicted of an offense involving a child and designated a level 14 three offender and a sexual predator or predicate sex offender, the 15 period of time such sex offender shall submit to global positioning 16 system monitoring as provided in subdivision three-a of section one 17 hundred sixty-eight-f of this article. At least fifteen days prior to 18 the determination proceeding, the district attorney shall provide to the 19 court and the sex offender a written statement setting forth the deter- 20 minations sought by the district attorney together with the reasons for 21 seeking such determinations. The court shall allow the sex offender to 22 appear and be heard. The state shall appear by the district attorney, or 23 [his or her] such district attorney's designee, who shall bear the 24 burden of proving the facts supporting the determinations sought by 25 clear and convincing evidence. Where there is a dispute between the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07429-01-5 
 A. 7174 2 1 parties concerning the determinations, the court shall adjourn the hear- 2 ing as necessary to permit the sex offender or the district attorney to 3 obtain materials relevant to the determinations from any state or local 4 facility, hospital, institution, office, agency, department or division. 5 Such materials may be obtained by subpoena if not voluntarily provided 6 to the requesting party. In making the determinations, the court shall 7 review any victim's statement and any relevant materials and evidence 8 submitted by the sex offender and the district attorney and the court 9 may consider reliable hearsay evidence submitted by either party 10 provided that it is relevant to the determinations. Facts previously 11 proven at trial or elicited at the time of entry of a plea of guilty 12 shall be deemed established by clear and convincing evidence and shall 13 not be relitigated. The court shall render an order setting forth its 14 determinations and the findings of fact and conclusions of law on which 15 the determinations are based. A copy of the order shall be submitted by 16 the court to the division. Upon application of either party, the court 17 shall seal any portion of the court file or record which contains mate- 18 rial that is confidential under any state or federal statute. Either 19 party may appeal as of right from the order pursuant to the provisions 20 of articles fifty-five, fifty-six and fifty-seven of the civil practice 21 law and rules. Where counsel has been assigned to represent the sex 22 offender upon the ground that the sex offender is financially unable to 23 retain counsel, that assignment shall be continued throughout the 24 pendency of the appeal, and the person may appeal as a poor person 25 pursuant to article eighteen-B of the county law. 26 § 2. Section 168-f of the correction law is amended by adding a new 27 subdivision 3-a to read as follows: 28 3-a. The provisions of subdivision two of this section shall be 29 applied to a sex offender required to register under this article except 30 that a sex offender convicted of an offense involving a child and desig- 31 nated a level three offender and a sexual predator or predicate sex 32 offender, must also be fitted with a global positioning system monitor 33 immediately upon release or commencement of parole or post-release 34 supervision, or probation, or release on payment of a fine, conditional 35 discharge or unconditional discharge. Such global positioning device 36 shall be programmed to send forth an alarm when such sex offender leaves 37 a certain jurisdiction or enters a forbidden area. The period of such 38 monitoring for such sex offender shall be determined by the court, as 39 provided in subdivision three of section one hundred sixty-eight-d of 40 this article. The division shall annually evaluate such sex offender's 41 financial ability to offset the cost of administering the global posi- 42 tioning system and levy such assessment upon such offender. Failure to 43 pay such assessment shall result in a financial hardship hearing as 44 provided in section 420.40 of the criminal procedure law. Such sex 45 offender shall have the right to petition for relief or modification of 46 such duty to wear a global positioning system monitor as provided in 47 subdivision two-a of section one hundred sixty-eight-o of this article. 48 The duty to wear a global positioning system monitor shall be temporar- 49 ily suspended during any period in which such sex offender is confined 50 to any state or local correctional facility, hospital or institution and 51 shall immediately recommence on the date of such sex offender's release. 52 § 3. Section 168-o of the correction law is amended by adding a new 53 subdivision 2-a to read as follows: 54 2-a. Any sex offender required to wear a global positioning system 55 monitor pursuant to this article may petition the sentencing court or 56 the court which made the determination regarding such monitoring for an 
 A. 7174 3 1 order modifying or terminating the monitoring portion of the determi- 2 nation. The petition shall set forth the reasons supporting such modifi- 3 cation or termination. The sex offender shall bear the burden of proving 4 the facts supporting the requested modification or termination by clear 5 and convincing evidence. Such a petition shall not be considered more 6 than annually. In the event that the sex offender's petition to modify 7 the level of notification is granted, the district attorney may appeal 8 as of right from the order pursuant to the provisions of articles 9 fifty-five, fifty-six and fifty-seven of the civil practice law and 10 rules. Where counsel has been assigned to represent the sex offender 11 upon the ground that the sex offender is financially unable to retain 12 counsel, that assignment shall be continued throughout the pendency of 13 the appeal, and the person may appeal as a poor person pursuant to arti- 14 cle eighteen-B of the county law. 15 § 4. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law.